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NDA - Work history
Thread poster: Damian Harrison

Damian Harrison
Germany
Local time: 04:46
German to English
Jun 18, 2008

I have received an NDA from a localization company containing a clause which would basically forbid me from disclosing to third parties any product titles or the existence of a working relationship to this company in any email, CV, web page etc..
While I'm familiar with the "We-will-crucify-you" language of NDAs, this clause seems a little over the top to me. I've considered just striking it out of the contract.
Has anyone had similar experiences?


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Niels Stephan  Identity Verified
Germany
Local time: 04:46
Member (2009)
English to German
Sí! Jun 18, 2008

^^
Yes, I experienced the same with one agency. AFAIR I asked them about it, if they would allow it, once I did a lot for them and would want to mention it, and they agreed. (Not sure any more, will have to look that up.)
It was in the very beginning, my first agency, and didn't care or was inexperienced ...


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Ivana Friis Wilson  Identity Verified
United Kingdom
Local time: 03:46
Member (2008)
English to Danish
+ ...
It's getting worse Jun 18, 2008

In the Danish forum we have just had an example of a large translation company imposing the posibility of audits with no notice in the translators workplace (which means home for many of us). They think they're the CIA

I think you should definitely tell them that you don't want that particular clause in the NDA if you are not comfortable with it. Quite often they say it's okay without - so I hear, I have not had any of the superparanoid NDAs yet.


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Claudia Alvis  Identity Verified
Peru
Local time: 21:46
Partial member
Spanish
+ ...
It's the standard in localization Jun 18, 2008

In translation those clauses are normal, but with localization companies, they're pretty much the standard.

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KSL Berlin  Identity Verified
Portugal
Local time: 03:46
Member (2003)
German to English
+ ...
Over the top! Jun 18, 2008

Damian Harrison wrote:
... this clause seems a little over the top to me.


It certainly seems so. I don't recall any customer ever requiring such an extreme cover-up of the relationship, although it's normal for contract terms and job details to be confidential. I suppose if this client is on the Blue Board you'd be violating the NDA if you made a post there. Ridiculous.

I would simply strike that part out of the NDA, initial the strike-out and send back the signed, modified NDA. There is enough work in your language pair that you don't have to expose yourself to terms that you find unacceptable.


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jackylee  Identity Verified
Local time: 10:46
English to Chinese
it is funny. Jun 24, 2008

Ivana Friis Wilson wrote:

In the Danish forum we have just had an example of a large translation company imposing the posibility of audits with no notice in the translators workplace (which means home for many of us). They think they're the CIA



It is natural for the translation companies to work for any client, they need not to be scared of let people know they ever worked for the clients, except the clients themselves bring up such a term.


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xxxinge van dri
Local time: 04:46
German to Dutch
+ ...
No. In some cases this is normal. Jun 26, 2008

If you aren't able to keep your mouth about whom you are working for or to keep confidential the business-critical information you are treating, you shouldn't work for this (these?) agency(ies).

Only the reputation of this company can help you out to make a decision.

Kevin Lossner wrote:

Damian Harrison wrote:
... this clause seems a little over the top to me.


It certainly seems so. I don't recall any customer ever requiring such an extreme cover-up of the relationship, although it's normal for contract terms and job details to be confidential. I suppose if this client is on the Blue Board you'd be violating the NDA if you made a post there. Ridiculous.

I would simply strike that part out of the NDA, initial the strike-out and send back the signed, modified NDA. There is enough work in your language pair that you don't have to expose yourself to terms that you find unacceptable.

Ask yourself why some intermediaries and very good agencies are NOT on the Blueboard.


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